January 2024
[Spanish version]
| Client: | “Client” refers to any natural or legal person who contracts the professional services offered by Human & Brave, either through the signing of the Professional Commission or another method authorized by the company. Likewise, the term “Client” may also refer to any legal representative, agent, or authorized employee of a legal entity who contracts the professional services on behalf of said entity. |
| Professional Commission or Commission: | Professional Commission” or “Commission” refers to the formal agreement between Human & Brave and the Client, whereby the Client requests and authorizes Human & Brave to carry out the specified professional services in the Professional Commission. This agreement may include, among other aspects, the scope of the professional services, economic conditions, or tasks to be performed by Human & Brave, as well as any other relevant condition mutually agreed upon. The signing of the Professional Commission by the Client constitutes their acceptance and commitment to comply with the terms and conditions set forth in said document, as well as in the General Terms and Conditions of Contracting. |
| Parties: | “Parties” collectively refers to Human & Brave and the Client who have formally agreed to the professional services by signing the Professional Commission. Likewise, “Parties” may also refer to Human & Brave and any other third party that may be mentioned or involved in the provision of services related to the Professional Commission, provided that it is specified and agreed upon in writing between Human & Brave and the Client. |
| Services: | “Services” refers to any activity, work, advice, or professional task performed by Human & Brave in fulfilment of the Professional Commission agreed upon with the Client. These services are those specified in the Professional Commission signed by both Parties. |
Duration of the Professional Commission
The Professional Commission shall last from the commencement date of the Services until their completion unless otherwise specified in the Professional Commission or in a written document signed between the Parties.
For Services provided periodically and continuously, the duration shall be one year, automatically renewable for annual periods, unless either Party renounces in writing with at least fifteen (15) days’ notice.
Similarly, either Party may terminate the Commission at any time by written notice to the other Party with a minimum of thirty (30) days’ notice. Termination of the Commission shall not exempt the Parties from their obligations and responsibilities arising from it, which must be fulfilled until the effective termination date.
Payment Method
Unless expressly stated in the Professional Commission, recurring invoices shall be issued on the last day of the previous month to the provision of the Services and shall be paid within the first ten days of the following month via bank transfer to your bank account.
Any other invoice shall be issued upon provision of the Services and paid within a maximum of 30 days from the date of the invoice.
Expenses
Expenses incurred for the Services and previously authorized shall be billed separately and settled with due detail and receipts. Prior to incurring such expenses, the corresponding provision of funds shall be requested.
In any case, provisions of funds to cover expenses must be paid in advance.
Liability
Human & Brave assumes full responsibility for the Services provided on its behalf by professionals or employees belonging to Human & Brave, whether partners, employees, or consultants.
Human & Brave shall be liable for damages caused due to wilful misconduct or gross negligence of Human & Brave or its professionals or employees. Outside of such cases, the liability of Human & Brave shall be as determined, if applicable, in the Professional Commission. Under no circumstances shall Human & Brave be liable for damages derived from or caused, in whole or in part, as a result of falsehood, concealment, or any other conduct of the Client that is willful or negligent, or not carried out in accordance with principles of good faith, or for breaches occurring due to causes beyond its reasonable control. The liability of Human & Brave shall be limited to direct damages (excluding consequential damages, loss of business, or reputational harm) actually incurred by the Client.
Publicity of Services Rendered
Unless expressly stated otherwise, Human & Brave is authorized to publicize its involvement in the provision of the Services through its website and in commercial presentations, provided that confidential information is not disclosed. For publicity through other means, express written authorization from the Client shall be required.
Protection of Your Data
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, we inform you that your personal data will be processed lawfully, fairly, and transparently by Human & Brave, for the internal management of the Professional Commission, including the purposes of client management, accounting and administrative purposes, as well as project management by Human & Brave and the contractual and commercial relationship maintained between the Parties.
The contact details of the organization’s data controller and the data protection officer of Human & Brave, S.L. are as follows:
– Human & Brave (att. Brenda de León)
– Address: Calle Marqués del Duero, 6. Ground Floor Right. 28001, Madrid.
– Phone: +34 910 885 884
– Email: dpo@habrave.com
The contact details of the Data Protection Officer of Human & Brave, S.L. are as follows:
– Instant Intrepid Innovation, S.L.
– Address: Calle Marqués del Duero, 6. Ground Floor Right. 28001, Madrid.
– Phone: +34 910 885 884
– Email: dpo@habrave.com
The maximum period for data retention will be 1 year in case of resignation or no response to acceptance, starting from the submission of the Professional Commission, whereas in case of acceptance of the Professional Commission, personal data will be kept for the minimum legal period provided by the applicable legislation, starting from the completion of the Commission between the Parties.
You may exercise your rights of transparency, information, access, rectification, deletion or right to be forgotten, portability, limitation, and opposition to the processing of information concerning you and authorize to be part of the personal data processing carried out by Human & Brave, as described above in the Professional Commission.
These rights may be exercised by Human & Brave, at the postal address and email addresses mentioned above, adding the heading «Data Protection.» The request to exercise rights must be accompanied by a photocopy of the ID card, as it is a personal right. The Spanish Data Protection Agency provides forms for exercising such rights.
You will also have the right to lodge a complaint with a supervisory authority such as the Spanish Data Protection Agency, for unlawful processing of your personal data.»
Information, Documentation, and Confidentiality
Human & Brave will request all information and documentation that it deems necessary for the proper and effective provision of the Services. The information and documentation will be sent to Human & Brave by the means considered most suitable. By accepting the Professional Commission, you express and warrant that you are duly authorized and empowered to provide the documentation and information to Human & Brave, and you will hold Human & Brave harmless from any third-party claims arising from access to the information or documentation provided by you or at your behest.
Human & Brave shall not be liable in any case for the consequences that may arise from the submission of untrue, inaccurate, or incomplete information or documentation.
Human & Brave undertakes to safeguard the confidentiality of all information and documentation received from you that is not in the public domain and may only disclose it with your authorization or by order of any administrative, judicial, or legally authorized authority. When Human & Brave subcontract work to suppliers, it will protect the confidentiality of the information and documentation by having the relevant suppliers sign a confidentiality agreement. Human & Brave will inform you promptly and fully about the identity of any subcontractor involved in the execution of the Services. This communication shall be made before the signing of the Professional Commission or as soon as possible after the engagement of any additional subcontractor. Human & Brave guarantees that all subcontractors will comply with the obligations and standards agreed upon in the Commission.
Human & Brave’s duty of confidentiality regarding the information and documentation received shall not apply to the Client’s own interlocutors or contact persons or other professional advisors of the Client who are participating in the same matter unless the Client establishes any prior indication or limitation to the contrary.
Upon completion of the provision of the Services, Human & Brave will return any original documentation in its possession relating to the same or to the particular matter to which the Services have referred, subject to the terms indicated for such return.
By signing the Commission, Human & Brave is authorized to retain a copy of any information and documentation provided by the Client on the occasion of the provision of the Services for as long as it deems appropriate, subject to Human & Brave’s duty of confidentiality. Human & Brave assumes no obligation to maintain such copies for a specific period, and may destroy its files without requiring any authorization. If the Client requires Human & Brave to retain its files, it must expressly request it and bear the additional costs for file maintenance, access to them, or sending documents that Human & Brave may incur.
Human & Brave shall be responsible for any breach of the duty of confidentiality arising as a result of any failure of its procedures and/or systems. Human & Brave undertakes to indemnify and protect you from any legal liability, holding you harmless from any claims arising from these causes, especially before the Spanish Data Protection Agency and other competent authorities in privacy matters.
Anti-Money Laundering Prevention
In accordance with current legislation on the prevention of money laundering and terrorist financing, Human & Brave is subject to obligations to verify the identity of the Client and their operations and activities. The Client undertakes to provide Human & Brave, in a complete and truthful manner, with any information necessary and requested for these purposes (both from the Client themselves and, if applicable, from their shareholders, partners, participants, administrators, related persons, etc.) and expressly authorizes Human & Brave to carry out the verification actions it deems appropriate in this regard. If the necessary information cannot be obtained, Human & Brave will be unable to provide Services to the Client, without this entailing any liability for Human & Brave.
Human & Brave is also subject, as established by law, to the obligation to report to the Executive Service for the Prevention of Money Laundering (SEPBLAC) any fact or operation, including mere attempts, about which there is suspicion or certainty that it is related to money laundering or terrorist financing, and must refrain from executing any operation in which such circumstances are evident. Human & Brave shall not be liable to the Client for any damages they may suffer as a result of Human & Brave’s compliance with these legal obligations.
Applicable Law and Jurisdiction
The relationship between the Parties is expressly subject to Spanish law. For the resolution of any dispute, the Parties waive any other jurisdiction and voluntarily submit to the Courts and Tribunals of Madrid.